A Florida resident claims in a proposed class action that he received from Exxon Mobil Corporation several telemarketing text messages even after he revoked his consent to be contacted.
Alleging violations of the Telephone Consumer Protection Act (TCPA), the 14-page lawsuit claims the gas and oil conglomerate has disrupted the lives of “thousands of individuals” by sending promotional text messages to their cell phones without first securing prior express consent to do so.
“The TCPA exists to prevent communications like the ones described within this complaint, and to protect the privacy of citizens like Plaintiff,” the suit states.
The plaintiff says he received from Exxon throughout July and August 2020 at least five text messages in which the defendant urged him to create an account and earn “EM Rewards+ points.” According to the case, the texts, which were sent for non-emergency purposes, constitute telemarketing given they encourage the future purchase of property, goods or services.
In response to two of the texts, the plaintiff replied “Stop”—Exxon’s preferred opt-out language—in an attempt to avoid receiving future communications from the company, the suit says. Nevertheless, Exxon sent the plaintiff additional texts even after receiving his two opt-out requests, per the complaint.
The plaintiff alleges Exxon has failed to implement a written policy for maintaining an internal do-not-call list and inform and train its telemarketing personnel on the use of such.
Accordingly, the plaintiff and proposed class members have suffered “actual harm, including invasion of [their] privacy, aggravation, annoyance, intrusion on seclusion, trespass, and conversion” as a result of the defendant’s actions, the complaint alleges.
The lawsuit looks to certify a class consisting of anyone in the U.S. who, within the past four years, was sent a text message from Exxon Mobil or anyone on its behalf to their cell phone number after requesting not to receive future text messages from the defendant.
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